RAJEEV ASHOKKUMAR KHANDELWAL v. ASHALATA PREMRAJ GUPTA
IA/4071/2026 · 2026-08-11
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3035 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3035 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1/2 28-IA-4071-2026 (OS).DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO. 4071 OF 2026 IN TESTAMENTARY SUIT NO. 55 OF 1997 Rajeev Ashokkumar Khandelwal ...Applicant Versus Ashalata Premraj Gupta ...Defendant _______ Mr. Somnath Iyer for the Applicant. _______ CORAM : ARIF S. DOCTOR, J.
DATE : 11 th AUGUST, 2026 P.C.
1. This is an Interim Application seeking recall of the Order dated 30 th June, 2026, by which the Suit was dismissed.
2. Having regard to the averments made in the Interim Application, I am satisfied that sufficient cause has been shown. In my view, the substantive interest of justice would best be served if the impugned Order is recalled and the Plaintiff is given an opportunity to prosecute the captioned Testamentary Suit on merits.
3. It is further to be noted that, in this Suit, the Defendant has not been appearing since the year 2017, as has been noted in the Orders of this Court. Thus, no prejudice would be caused to anyone if the application is allowed. Accordingly, the Interim Application is allowed in terms of prayer clause ‘a’. Areeb MOHAMMAD AREEB MOHD AKBAR Digitally signed by MOHAMMAD AREEB MOHD AKBAR Date: 2026.08.12 17:33:41 +0530
2/2 28-IA-4071-2026 (OS).DOC
4. Given that this is a Testamentary Suit of the year 1997, stand over to 25 th August, 2026 at 4:00 p.m.
[ARIF S. DOCTOR, J.] Areeb